- 1 What does embezzlement under the California Penal Code 503 mean?
- 2 What are some examples of misappropriation in California under 503PC?
- 3 How is the prosecutor going to prove that I am guilty of embezzlement in California? Is Embezzlement a Felony In California?
- 4 How can a lawyer help me in case I am accused of embezzlement in California, under the 503 PC criminal code?
- 5 What possible sanctions can I face if I am charged with embezzlement in California under the California Penal Code 503 PC?
- 6 What possible intensified sentences may exist for a felony conviction for malversation in California:
Get the latest information, felony grand theft California and laws of embezzlement in California- 503 PC:
When you hear the word “embezzlement” for the first time, you probably think of the criminal Bernie Madoff, who was sentenced to 150 years in prison after planning a Ponzi scheme, embezzling investors in billions of dollars. Read also: how much embezzlement is a felony
However, embezzlement in California can also occur on a smaller scale.
What does embezzlement under the California Penal Code 503 mean?
The definition of Embezzlement in California, under the penal code of California (PC-503) is the fraudulent appropriation of money by a person entrusted to it.
What are some examples of misappropriation in California under 503PC?
For example, the counter of a company can establish a program which can transfer to your personal account a penny for each transaction the enterprise carries. The amount of money is not much, but significant implications are being generated, which amount to misappropriation under the penal code of California (Penal Code 503). You like info about “Is Embezzlement a Felony In California“
The money does not belong to him and the company relied on him to properly manage the finances. He violated the company’s trust (and in turn violated California embezzlement law) by taking something as small as a penny for every transaction, even if this had been unnoticed.
A possessor can entrust his belongings/assets to you if you are:
- A trustee, director of an organization, or member of a board (such as the treasurer) with the right to manage the money or property of an organization.
- An employee
- You have temporary possession of the owner’s property (eg: You are a mechanic and the owner granted you temporary possession of the vehicle for you to fix.)
Another example of malfeasance in California can be if you are a mechanic entrusted with the vehicle of a customer for a specified time while you fix the vehicle. If you :
- He lent the car for personal use;
- Removed a functional part of the vehicle and replaced it with another cheaper and lower quality, in order to sell the original part and earn an income; or
- Sold the vehicle Read also: is embezzlement a felony or misdemeanor
You can be convicted of embezzlement under the penal code Section 503 California Penal Code.
How is the prosecutor going to prove that I am guilty of embezzlement in California? Is Embezzlement a Felony In California?
To prove that you are guilty of an embezzlement charge, the prosecutor must be able to prove that there was a relationship of trust by highlighting concrete evidence of such trust between you and the person who entrusted the assets to you.
If there is any evidence of that relationship, then you can be convicted of ordinary theft instead of misappropriation under California law.
The penalty for embezzlement in California depends on the value and type of property you embezzled or paid. If the asset was a firearm, a vehicle or has a value greater than nine hundred and fifty dollars ($ 950) then you may face charges for large-scale theft.
In California, this charge is categorized as “wobbler,” which means you can be sentenced for the misdemeanor, depending on the circumstances of the case. Your defense attorney may be able to convince the prosecutor that the circumstances of your case are not categorized as felonies and should be treated as a misdemeanor. Read Also: Is Embezzlement a Felony In Wisconsin
How can a lawyer help me in case I am accused of embezzlement in California, under the 503 PC criminal code?
A good defense lawyer in California will carefully study the circumstances of your case and determine how many and what legal defenses are available to mitigate or eliminate the sanctions you are facing for your misappropriation in California.
For example, your defense attorney will determine whether or not you have been falsely accused, whether you have criminal intent to embezzle property that has been entrusted to you and whether you believe you have a right to the property.
To prove that you are guilty of an embezzlement charge, the California prosecutor must prove that you intended to deprive the original owner of the property, even if it was only for a short period of time.
An example of such a situation can happen if a client gives you a sum of money and asks you to invest in company X, but you decide to invest money in Y. As long as the client has been benefited by the investment, and while you are not a financial beneficiary of the company Y, the decision may not be categorized as embezzlement.
For your defense attorney to argue successfully that you believed, in good faith, that you were entitled to the property. He/she should try the following:
- You did not take the good as a means to compensate for the fact that the owner of the property owed you.
- You did not try to hide the fact that you took well.
Finally, your defense attorney can also use the defense called “false accusation” – In many cases, there is a complicated situation between the alleged perpetrator and the victim, which can result in a false accusation and emotional outbursts. Your lawyer will be able to carry out an analysis of the circumstances, ensuring that all defenses come to light.
What possible sanctions can I face if I am charged with embezzlement in California under the California Penal Code 503 PC?
As mentioned above, embezzlement in California encompasses a wide variety of property/money, from a nominal amount to millions of dollars. As a result, the penalties for such misappropriations in California under 503PC vary depending on the specifications of the case.
If the good for which you have been accused of embezzling is worth less than $ 950, then this will be considered a theft and will be sanctioned as a misdemeanor. As a result, you could face the following sanctions: up to six (6) months in the county jail; up to $ 1,000 in fines; and probation for the misdemeanor.
What possible intensified sentences may exist for a felony conviction for malversation in California:
If you are convicted of a felony for misappropriation of funds in California for a monetary value of $ 65,000 or more, then you also face the possibility of an escalation of the sentence, in addition to those mentioned above. Specifically:
- Intensification of the sentence of one year if the property had a value of $ 65,000- $ 199,999
- The Intensification of a sentence of two years if the property had a value of $ 200,000 – $ 1,299,999
- Intensification of a sentence of three years if the property had a value of $ 1,300,000- $ 3,199,999
- The Intensification of a sentence of four years if the property had a value greater than $ 3,200,000.